League of Women Voters of California Position

Position in Brief:

The LWV California supports:

a criminal justice system that is just, effective, equitable, transparent, and that fosters public trust at all stages, including policing practices, pre-trial procedures, sentencing, incarceration, and re-entry;

the elimination of systemic bias, including the disproportionate policing and incarceration of marginalized communities;

policing practices that promote safety for both law enforcement officers and the communities they serve;

collaboration between government and community throughout every stage of the criminal justice system;

a focus on humane treatment and rehabilitation with the goal of promoting the successful re-entry into communities of those who have been incarcerated; and

reliance on evidence-based research in decision-making about law-enforcement programs and policies (including scheduled, periodic audits of program and policy effectiveness).(2019 League of Women Voters of California Convention)

League of Women Voters of the United States calls for Congressional Action

We call on Congress to adopt the following legislative measures to ensure that police officers live up to their oath to protect and serve:

Require a federal standard that use of force be reserved for only when necessary as a last resort after exhausting reasonable options, and incentivize states through federal funding mechanisms to implement this standard; require the use of de-escalation techniques, and the duty to intervene; ban the use of force as a punitive measure or means of retaliation against individuals who only verbally confront officers, or against individuals who pose a danger only to themselves; and require all officers to accurately report all uses of force;

Prohibit all maneuvers that restrict the flow of blood or oxygen to the brain, including neck holds, chokeholds, and similar excessive force, deeming the use of such force a federal civil rights violation;

Prohibit racial profiling, and require robust data collection on police-community encounters and law enforcement activities. Data should capture all demographic categories and be disaggregated;

Eliminate federal programs that provide military equipment to law enforcement;

Prohibit the use of no-knock warrants, especially for drug searches;

Change the 18 U.S.C. Sec. 242 mens rea requirement from willfulness to recklessness, permitting prosecutors to successfully hold law enforcement accountable for the deprivation of civil rights and civil liberties;

Develop a national public database that would cover all police agencies in the United States and its territories, similar to the International Association of Directors of Law Enforcement Standards and Training’s National Decertification Index,12 which would compile the names of officers who have had their licenses revoked due to misconduct, including but not limited to domestic violence, sexual violence, assault and harassment, criminal offense against minors, excessive use of force, violation of 18 U.S.C. § 242; perjury, falsifying a police report or planting and destroying evidence, and deadly physical assault; as well as terminations and complaints against the officers; and

End the qualified immunity doctrine which prevents police from being held legally accountable when they break the law. Qualified immunity, a defense that shields officials from being sued, has been interpreted by courts so broadly that it allows officers to engage in unconstitutional acts with impunity.